Introduction:

The Bombay High Court recently faced a legal challenge as the Central Bureau of Investigation (CBI) sought to block the release of the Netflix docuseries, “Buried Truth – The Indrani Mukerjea Story.” The docuseries delves into the Sheena Bora murder trial, with prime accused Indrani Mukerjea and five other witnesses featuring prominently. The court had initially secured an undertaking from Netflix to postpone the release until a special screening was conducted for the CBI. However, the court dismissed the petition, asserting that the CBI failed to demonstrate how the series would prejudice ongoing proceedings.

Arguments:

The CBI, represented by ASG Devang Vyas and Advocate Shreeram Shirsat, argued that the docuseries posed a threat to the ongoing trial by potentially influencing witnesses. They emphasized the admission by the makers that five witnesses were interviewed, with three already examined and two pending examinations. Netflix, defended by Senior Advocate Ravi Kadam, contended that pre-censorship was impermissible, asserting that the documentary merely depicted information already in the public domain. Advocate Abhinav Chandrachud, representing the makers, cited precedent highlighting the right to report.

Court’s Judgment:

Justice Dere, who had previously set aside a trial court’s gag order in a similar case, dismissed the CBI’s plea. The court reasoned that the CBI failed to prove how the docuseries would prejudice their case, especially given the absence of legal provisions allowing the court to halt the release. The judges had personally viewed the series and found no basis for the CBI’s concerns.